Right to Respect for Private and Family Life in UK Law

Leading Cases
  • Campbell v MGN Ltd
    • House of Lords
    • 06 May 2004,06 May 2004

    Accordingly, in deciding what was the ambit of an individual's 'private life' in particular circumstances courts need to be on guard against using as a touchstone a test which brings into account considerations which should more properly be considered at the later stage of proportionality. Essentially the touchstone of private life is whether in respect of the disclosed facts the person in question had a reasonable expectation of privacy.

    Instead of the cause of action being based upon the duty of good faith applicable to confidential personal information and trade secrets alike, it focuses upon the protection of human autonomy and dignity - the right to control the dissemination of information about one's private life and the right to the esteem and respect of other people.

  • A v B Plc and Another
    • Court of Appeal
    • 11 Mar 2002

    The court is able to achieve this by absorbing the rights which articles 8 and 10 protect into the long-established action for breach of confidence. This involves giving a new strength and breadth to the action so that it accommodates the requirements of those articles.

  • Douglas v Hello! Ltd (No 1)
    • Court of Appeal
    • 21 Dic 2000

    Because of these developments in the common law relating to confidence and the apparent obligation on English courts now to take account of the right to respect for private and family life under Article 8 when interpreting the common law, it seems unlikely that Kaye v Robertson (ante), which held that there was no actionable right of privacy in English law, would be decided the same way on that aspect today.

  • McKennitt v Ash
    • Queen's Bench Division
    • 21 Dic 2005

    The court concluded that "… the decisive factor in balancing the protection of private life against freedom of expression should lie in the contribution that the published photos and articles make to a debate of general interest. It [was] clear in the instant case that they made no such contribution since the applicant exercises no official function and the photos and articles related exclusively to details of her private life".

    It does not follow, because one can reveal one's own private life, that one can also expose confidential matters in respect of which others are entitled to protection if their consent is not forthcoming.

  • K (Appellant) Lbx (Respondents) L and Another M (3)
    • Court of Appeal
    • 08 Feb 2012

    In its wider form, incorporating reference to both private and family life, there is a danger that it contains within it an inherent conflict, for elements of private life, such as the right to personal development and the right to establish relationships with other human beings and the outside world, may not always be entirely compatible with existing family life and particularly not with family life in the sense of continuing to live within the existing family home.

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